Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-09-28


Justices Field, Sawyer and Sabin in the
Stanford case without feeling that the
checks occasionally administered by the
Courts to the assumption of judicial pow.
ers by legislative bodies are eminently
ordinary Congressional investigation is
started is almost always an unfair one.
Disappointed seekers for pelf, reckless
writers, or malicious partisans raise a
newspaper clamor. Then up jumps some
demagogue with resolution of mvesti-
CATION. The charges made are of char
acter which entitle the persons Investigated
to the protection of orderly and fair
judicial proceedings. But the investi-
eating committee, or commission, is, in the
very nature of things, chiefly anxious to
make point for itself. That all the pro-
lection which the laws throw around the
citizen, his papers, and his private affairs
mu It fall to the ground the moment such
a proceeding is begun is little short of
monstrous When the test has been made
the Courts have invariably decided in
favor of the inviolable rights of the citi-
zen.
The decision in the Stanford case can
not be read without satisfaction, and we
rejoice that the Senator made the test.
The text of the decision is good reading
here in Washington, where the investiga-
ton fever RACES frequently:
In the Circuit Court of the United States,
Ninth Circuit, Northern District of Cali
fornia. In the matter of the Application
of the Pacific Railway Commission.
l. The Pacific Railway Commission is
not judicial body and possesses no judi
cial powers under the Act of Congress of
March 3, 1887, creating it, and can deter
mine none of the rights of the Government
or of the corporations whose affairs it is
appointed to investigate.
2. Congress cannot compel the produc-
ton of private books and papers of citizens
! for its inspection, except i'll the course OF
| judicial proceedings, or in suits instituted
| for that purpose and then only upon aver
ments that its rights in some way depend
| upon evidence therein contained.
3. The Courts are open to the United
States, as to private parties, to secure ample
protection for all their legal rights and in
terests, by regular proceedings.
4. Congress cannot empower a Commits
| sion to investigate the private affairs, books
and papers of the officers and employees OF
| corporations indebted to the Government,
as to their relations to other companies
with which such corporations have had
dealings except so far as such officers and
employees are willing to submit the same
for inspection; and the investigation of the
! Pacific Railway Commission into the affairs
| of officers and employees of the Pacific
Railway Companies under the Act OF
March 3, 1887, is limited to that extent.
5. The United States have no interest in
! the expenditures of the Central Pacific
Railroad Company under vouchers which
have not been charged against the Govern
ment in the accounts between them and
the Pacific Railway Commission under the
Act of Congress of March 8, 1887, has nc
power to investigate such expenditures
against the will of the company.
6. The judicial power of the United
| States is limited to eases and "contro.
VERSES" enumerated in Article Ill, Sec
| ton /, of the Constitution as modified by
the eleventh amendment, and to petitions
on habeaS corpus and cannot be extended
| by Congress; and by such eases" anG
Controversies are meant the claims of lit
! igants brought for determination by regu
| lar judicial proceedings established by law
| or custom.
l. The judicial department is iudepend
ent of the legislative, in the Federal Gov
eminent, and Congress cannot make the
| Courts its instruments in conducting mere
| OBSERVATION-DISCLOSURES
s. The power of United States Courts tC
authorize hetaking ofdepositions on letter.
rogatory from Courts of foreign iurisdic
| tons exists by International comfy, anG
| cannot be invoked by mere investigating
committee appointed by Congress.
8. The Central Pacific Railroad Company
is State corporation, not subject to Fed
eral control any further than natural per
| son similarly situated would be. Per Saw
| yer, :. concurring.
10. The Central Pacific Railroad Com
pany is absolutely owner of the lands anC
bonds granted to it by the Government
having complied with the Act making the
grant subject to the lien of the Govern
ment to secure its advances, in the same
way and to the same extent as a natura
person in like situation. Per Sawyer, j.
concurring.
II. The relation Of creditor and debtor
| exists between the United States and tn,
Central Pacific Railroad Company, under
the Act granting aid to the latter, with like
force and effect as if both were natural per
sons, the relation being private, and have
nothing to do with the power of the Gov.
eminent as sovereign. Per Sawyer, J.
concurring.
II. The United States, as creditor, cannot
institute compulsory investigation into
the private affairs of the Central Pacific
Railroad Company, or require it 70 exhibit
It's books and papers for inspection in any
| other way or to any greater extent, than
would be lawful in the case of private
creditors and debtors. Per Sawyer, j..
concurring.
Is. The United States, as creditors. have
the same remedy as a private creditor, and
no other, to compel payment of any moneys
| due them from the Central Pacific Railroad
Company, as their debtor, or to prevent the
latter from wasting its assets before the
| debt natures, and that remedy, if any
must be by regular judicial proceeding
in due course of law, and it has no power
to institute a rowing, legislative inquisition
| into the affairs of the company to ascertain
what it has done, or is doing, with its
money. Per Sawyer, j., concurring.
The whole drift of this inquisition seem.
! profitless and a waste of public money
The Commission are simply beating the
! bushes in pursuit Of wrongs vaguely sus
pected to have been committed years ago
The only practical issue between the
country and the Pacific Railway companie.
is upon what terms the time can be ex
tended for the repayment of their subsidie:
so that the Government will be secured
without Gripping the roads or iniiictin2
too heavy tax on the traffic out of which
of course, the funds must come. Here is q
field for the exercise Of practical cuisines:
sagacity in the settlement of vexatiou.
and intricate question. We fail to see
that the Commission has as yet gathered
any useful information to aid III this settle
ment.
Justice Stephen Field of the Supreme
Court of the United States, accompanied by
| Mrs. Field and Mrs. Condit Smith, passed
through Chicago yesterday ard stopped a